Hopefully you recognize the banner above that is on the front page of IKE's newsletter. IKE has decided to publish its newsletter in email and fax format.  The goal is to get information out in a more timely manner and to use a short format to make it easier to get done.  Since we operate on a shoestring budget, we plan to rely on email and website distribution.  And with 8500 hits on its website in 5 months, IKE is confident that the web-based format will work. (Download Word Version)  For more information.

Please let Tom Neltner (editor) know what you think, add articles, or, if you really want hard copy, ask for a fax version.  I welcome your feedback!

Upcoming Meetings: (call for details)

• March 7 - 10:30 to 12:30 -  Indiana Dept. of Environmental Management's (IDEM) "No Net Increase in Sewage Overflows" Workgroup in Indy 

• March 12 - 10:00 to 1:30 -  IKE Advisory Council in Indy

• March 13 - 1:30 to 3:30 -  Indiana Water Pollution Control Board in Indy to review IDEM's draft No Net Increase Guidance

• March 14 - 9:30 to 3:30 -  Lead-Safe Indiana Task Force & Indiana State Dept. of Health (ISDH) Lead Advisory Group in Indy

• March 20 - 1:30 to 3:30 -  IDEM Air Toxics Emission Reporting Group in Indy.

• March 27 - 1:00 to 3:00 - Fort Wayne Healthy Homes Workshop

• March 28 - 12:00 to 2:00 - Indy Urban Pesticides Initiative in Indy

• April 10 - 1:30 to 3:30 - Indiana Water Pollution Control Board hearing on draft public notification rule for combined sewer overflows.

IKE Advisory Council:

Please come to the IKE Advisory Council meeting on Tuesday, March 12 from 10:00 to 12:30 at the Environmental Management Institute at 5610 Crawfordsville Road, Suite 15 on Indy's westside. Future meetings have been scheduled for Wed, August 7 and Wednesday, December 4.   

The purpose of the Advisory Council meetings is to discuss where IKE is and where it is going on its projects. The focus will be on the overall priorities and strategies and not the details of each effort. The idea is that we can use this forum to shift priorities, define goals, and evaluate strategies. After the Council meets, IKE's Board will meet to draw conclusions, make decisions and determine how to get the work done. 

Indiana Legislative Update:  

We are entering the fourth quarter of the Indiana General Assembly's short session for 2002.   While nothing is final until March 14, children's environmental health issues appear to be doing quite well - despite a looming budget crunch and tax restructuring.  Thanks to legislators on both sides of the aisle, especially Reps. Avery, Weinzapfel, and Welch and Senators Gard and Miller.  Here is a rundown.  Check out the link with the bill number for the latest word on each bill including all amendments and versions.  

• Lead-Based Paint - HB-1171:  It has passed both Chambers and is waiting final concurrence in the House.  The House dropped landlord liability evaluation provision and required that blood lead test results be shared among health agencies and, for tests done after July 1, 2002, with housing agencies.  The Senate refined the House's language. The work practice requirements for homes built before 1960 have not changed and labs will till be required to report all test results.   For more details.  Special thanks to Reps. Avery, Weinzapfel, Atterholt, Porter, and Thomson and Senators Gard, Broden and Breaux. 

• Indoor Air Toxics in Schools - SB-407:   Originally, this bill would have required ISDH to adopt extensive indoor air quality standards for schools and to inspect schools annually.  Due to fiscal concerns, it has been narrowed to requireing ISDH to respond to complaints and develop a plan of action for the school.  A good step in the right direction.  Thanks to former teacher, Sandy Wampler, and to legislator-nurses, Senator Miller and Rep. Welch, for making the legislation likely.

• Birth Problems Registry Analysis - SB-139:  Last year, the legislature required ISDH to adopt a birth problems registry that included birth defects that were discovered before a child turned two - not just those detected at birth.  This bill requires ISDH to inform parents and appropriate community resources to help the child.  It also requires ISDH to inform a legislative council of any trends.  Originally, it required ISDH to actively evaluate the birth problem reports but that was dropped due to fiscal concerns.  Thanks to Senator Gard and Reps Crosby and Budak.

• Mold - HB-1253:  Mold has grown into a major worry for people across Indiana, especially those in newer homes.  People have evacuated homes.  Realtors and developers are worried about liability.  Rep. Helmke correctly saw that the issue needed to be discussed.  A forum is needed to work through the policy issues - a far better forum than a courtroom.  His proposal for a Task Force was toned down to a legislative advisory council.  Unfortunately, the bill did not get a hearing in the Senate. 

• Failing Septics - SB-461 & SB-99:  Failing septics are a tough issue, especially when poor soil conditions and small lots will make any repairs fail quickly.  Allen County has taken a tough stand to stop putting a band-aid on these systems.  This legislation forces IDEM to pursue general permitting rules to allow - but not require - that these failing systems be replaced by direct discharges from homes under limited circumstances.  It is only a partial step - we need to some thought-out strategy and options for septic systems.

• Disclosure of Overloaded Septics - SB-79:  What happens when a home expands but the septic system doesn't.  Well, the homeowner is supposed to get a new permit from the county health department.  But that often doesn't happen.  In these circumstances, Senator Simpson's bill requires disclosure of the problem to future buyers.  A modest but positive step. 

• Expired NPDES Permits - HB-1329:  166 wastewater discharge permits have been administratively extended by IDEM - some for more than 10 years.  As a result, the dramatic water quality improvements promised by regulations adopted during the 1990's have gone unrealized.  A portion of this bill sets deadlines for IDEM to issue these permits.  If it doesn't, the permittee can get a partial rebate of permit fees or pay IDEM to hire a consultant to draft a permit.  Surprisingly, the environmental community supports this bill - but not industry.   Thanks to Reps. Avery and Weinzapfel and Senator Gard!

• Air Toxics - SB-259:  IKE opposed this bill before it was amended.  As amended in the House, the bill requires that IDEM develop a 5-year air toxics strategy and that the Air Pollution Control Board not adopt an air toxics emissions reporting rule that would require reporting before January 2004.  Good balanced approach given the circumstances.  Thanks to Rep. Weinzapfel and Senator Gard.

Housing:  Two great websites to check out regarding the relationship between children's health and environmental threats in the home.

• Children's Environmental Health Coalition - Heal the House
• Univ. of Wisconsin's Farm*A*Syst - Healthy Homes

Pesticides:

• Schools:  IKE combined information from Indiana School Board Association, Purdue University's IPM Technical Resource Center, and the Office of Indiana State Chemist to develop a way for you to determine how your Indiana school district is doing in adopting and implementing Indiana's model policy.  Enter your school district and find out its status.  I hope that parents will provide critical updates to IKE, especially as we track how well schools are doing notifying parents of their right to know.

• Child Care:  IKE is helping the Indiana Pesticide Review Board develop a model policy to reduce pest and pesticide exposure in child care facilities.  Board member, Julia Tipton-Hogan, is leading the effort.  The policy is designed to complement Indiana's 5-Star Recognition Program for Child Care Facilities Program.  IDEM's program recently won a national award from the Council of State Governments for innovations in State Government.  Congratulations to Karen Teliha, Leslie Flowers, Tami Johnson, and Paula Smith for their work on the program.

• Retail Outlets:  Since Jan. 2001, Indiana requires that retail stores have trained staff and a registered consultant if the store provides pesticide selection and use advice. Stores are moving slowly but moving nonetheless. The problem seems to be worst for the big-chain hardware stores that pay little attention to state requirements. When a store recommends a fogger for cockroaches in an apartment complex, you have to worry about children's health from consumers who trust the clerk.  IKE calls on the Office of Indiana State Chemist to move beyond compliance assistance for stores that are showing no progress.  For more information on the rule. 

• Training and Licensing:  As IKE gets further into pest and pesticide issues, it was clear that it needed to better understand the issues.  Therefore, IKE's Tom Neltner recently passed the three pest control operator exams:  the core exam; 7a for Residential and Institutional Pest Control; and 8 for Public Health Pest Control.  He also attended Purdue's core training course.  Great programs!  If you get a chance, take Purdue University's Core Pesticide Training Course.  It is worth the day.  Integrated pest management is the foundation of the program.   

• Indianapolis Urban Pesticides Initiative:  Thanks to funding and assistance from EPA, IKE has been able to pull its efforts to reduce the misuse of pesticides and reduce exposure to both pests and pesticides into one single initiative focused on Indianapolis.  The initiative addresses urban pesticide and pest issues by focusing on retail outlets, substandard housing, schools, treated lumber, child care facilities.  On Nov. 17, 2001, IKE hosted a workshop on the issues for 35 people at the Ashantii Ballroom on Indy's Near Northside. The successful workshop was a key step in fostering a sustainable coalition in Indy on the issue.  Our next meeting is March 28 from 12:00 to 2:00 at the Indianapolis Urban League. For details.   

CCA-Treated Lumber

Succumbing to public pressure and an impending EPA risk assessment, the industry that makes the chromated, copper arsenate pesticide used on CCA-pressure treated lumber has "voluntarily" decided to phase out the consumer use of CCA-treated lumber.  Under an agreement with EPA, the use of the pesticide for virtually all residential lumber will stop on Dec. 31, 2003.  Sales of CCA-treated lumber for these uses will stop by Dec. 31, 2004.  For more information from EPA.  By 2005, new CCA-treated lumber will not be allowed for wood used in play-structures, decks, picnic tables, landscaping timbers, residential fencing, patios and walkways/boardwalks.   

The decision was announced on Feb. 13, 2002.  In the Feb. 24 Sunday newspaper ads, I noticed one big-box hardware stores already advertising non-arsenic alternatives.  It is amazing how the industry responds to market pressures.  Manufacturers expect production of consumer-used CCA products to decline 25% in 2002 and 70% in 2003.  Non-arsenic alternatives will fill the gap.  New labeling will be required on all CCA products, specifying that no use of CCA will be allowed by the wood-treating industry for the affected residential uses after Dec. 31, 2003.

While applauding the move, EPA has not concluded that CCA-treated wood poses unreasonable risks to the public for existing CCA-treated wood being used around or near their homes or from wood that remains available in stores. EPA does not believe there is any reason to remove or replace CCA-treated structures, including decks or playground equipment. EPA is not recommending that existing structures or surrounding soils be removed or replaced.

As you recall, Indy's own Congresswoman Julia Carson's had a requirement inserted in an appropriations conference report on Nov. 26, 2001 that required EPA and the Consumer Product Safety Commission to submit a report to Congress by Feb. 15, 2002 on the issue.  The report must  identify whether there are significant health and safety risks to children playing on and around CCA-treated wood playground equipment.   A copy of the report is not yet available.  Thanks to Congresswoman Carson for helping children!

In a related development, on Feb. 18, IDEM and ISDH released a helpful fact sheet regarding CCA-treated lumber.  

Birth Problems

Currently, there are two staff members working on Indiana's birth defects registry to attend to the approximately 86,000 babies born in Indiana yearly.  The limited resources was the primary reason the Trust for America's Health gave Indiana a grade of "D" in its recent report.  Two years ago, Indiana had a grade of "F" but 2001 legislation gave got the higher grade.  We still have a ways to go.  Fortunately, ISDH is pursuing a $100,000 grant from the Centers for Disease Control and Prevention to get more resources.  

Mercury Air Deposition Monitoring Results:  The preliminary results from the IDEM/USGS mercury air deposition study is available.  Interesting stuff - but too soon to draw conclusions!  The results are provided for Fall 2000, Winter 2001, and Spring 2001. They will be posted along with data from other states at http://nadp.sws.uiuc.edu in the next couple of months. The Indiana sites are: (explanations of siting are from IDEM/USGS factsheet)

• Porter County (Dunes) - to reflect Northwest Indiana industry. 

• Huntington County (Huntington - southwest of Ft. Wayne) - to reflect rural area distant from large scale sources.

• Monroe County (Bloomington) - to reflect aggregate impacts of numerous power plants in SW and western Indiana.

• Jefferson County (Madison- Clifty Falls) - to reflect largest potential source in the state - IN-KY Power.

Lead-Safe Indiana Task Force - See also January 2002 Newsletter

• Lead Poisoning Prevention Legislation - HB-1171.  See above.

• March 14 Task Force Meeting - 9:30 to 3:30 at Forest Manor in Indy (38th and Sherman)

• Nov 6 & 7, 2002 State Conference - Mark Your Calendars!

• A Rhode Island judge upheld key portions of a state public nuisance suit against the industry that made or helped make lead-based paint.  It was just one step in a long process - but a big step.  

• IDEM's report on its 2000 Families Project is available on the web. 

Sewage in Our Streams - See also February 2002 Newsletter

• IDEM has issued draft rules on community right-to-know of sewage overflows.  The deadline for comments is March 2.  The public hearing is April 10.

• IDEM is working on a draft non-rule policy document to implement the Board's No Net Increase in Sewage Overflows policy.  A workgroup meets on March 7.  IDEM presents the draft to the Board on March 13.